Agenda item

EPF/2664/14 - Willow Park Farm, Millers Lane, Chigwell

(Director of Governance) To consider the attached report for the Demolition of buildings at Willow Park Farm and the erection of a new detached dwelling (DEV-002-2015/16).

Minutes:

The Assistant Director of Governance (Development Control) introduced a report for the demolition of buildings at Willow Park Farm in Millers Lane, Chigwell and the erection of a new detached dwelling with a classical appearance, a rectangular plan of 26m by 15.5m and a crown roof reaching 9.3m in height.

 

The Assistant Director informed the Committee that the site comprised the greater part of a former farmyard and adjacent open land to the north-west and south-east of the yard area. The former farmyard contained six buildings, four of which were relatively large former barns and workshops, and a hardstanding yard area. Access to the site was via Millers Lane. A former farmhouse and associated buildings was situated close by and planning permission to erect a replacement house immediately to the rear of it was obtained on appeal in February 2013. The land rose to the north-eats and south-west of the site, which would restrict views of the development, as would the trees and hedgerow adjacent to the nearby watercourse on the south-east and south-west of the site. The site was within the Metropolitan Green Belt, but not within a conservation area or within the vicinity of a listed building.

 

The Assistant Director stated that the main issues for consideration were the appropriateness of the development in the Green Belt, the impact of the development on the openness of the Green Belt, the character and appearance of the countryside, and whether there were any very special circumstances to justify the development in the Green Belt. Planning Officers had concluded that the proposal constituted inappropriate development in the Green Belt that would appear excessively bulky and high in relation to the approved replacement house at Willow Park Farm. No very special circumstances existed to justify the development and it had been recommended that planning permission was refused.

 

The Assistant Director reported that this application had been considered by Area Plans Sub-Committee South on 1 April 2015, who had agreed with the Officer Recommendation to refuse planning permission. However, four members of the Sub-Committee had invoked the Minority Reference rules within the Constitution and this application had been referred to the Committee for a final decision.

 

The Committee noted the summary of representations, and that the Parish Council had no objections to the application provided the existing buildings were demolished first before construction began, and the bricks used matched those used for the existing buildings. The Committee heard from a public speaker, the applicant’s agent.

 

A number of Members of the Committee felt that it would be difficult to refuse this application, on the basis of the recent appeal decision concerning the rebuilding of the farmhouse, and that the development was on a very large plot even with the mansion style design proposed. It was noted that there was a small element of residential development already approved for the site, and this sort of design was not unusual for Chigwell.

 

A local Member for Loughton Broadway spoke in favour of the recommendation to refuse as the development appeared out of scale and inappropriate for the location. The Member was not convinced that a Planning Inspector would allow two large mansion in close proximity to each other in Millers Lane. Another local member for Loughton St Mary’s added that the proposed building was too large, too high, and should be smaller.

 

A local Member for Chigwell Village responded that Planning Inspectors often considered such proposals more appropriate in locations such as Millers Lane, and that there had been no objections from the Parish Council or local residents, who wanted the existing buildings to be removed. The Member felt that the applicant had offered the best possible solution for this site.

 

A motion to grant planning permission for this application was proposed, seconded, and agreed on the Chairman’s casting vote. The Assistant Director then listed a set of planning conditions to be applied to this application, which the Committee agreed. There was a query as to whether an archaeological survey would be required, but the Assistant Director did not think so.

 

Resolved:

 

(1)        That planning application EPF/2664/14 at Willow Park Farm in Millers Lane, Chigwell be granted planning permission subject to the following conditions:

 

1.

The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

 

2.

The development hereby permitted will be completed strictly in accordance with the approved drawings nos: FAV_001 rev H, ESA_112 rev H, ESA_901 rev W, ESA_902 rev F, ESA_903 rev F, ESA_904 rev L, 002215P_TCP_01 and 02215P_TPP_01

 

3.

No construction works above ground level shall take place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing. The development shall be implemented in accordance with such approved details.

 

4.

No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority. The approved installed cleaning facilities shall be used to clean vehicles immediately before leaving the site.

 

5.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any other Order revoking, further amending or re-enacting that Order) no development generally permitted by virtue of Classes A, B and E of Part 1 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority.

 

6.

Before any preparatory demolition or construction works commence on site, full ecological surveys and a mitigation strategy for the site shall be submitted to the Local Planning Authority for agreement in writing with a working methodology for site clearance and construction work to minimise impact on any protected species and nesting birds. Development shall be undertaken only in accordance with the agreed strategy and methodology.

 

7.

No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) have been submitted to an approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

 

8.

No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan Arboricultural Method Statement and site monitoring schedule in accordance with BS:5837:2012 (Trees in relation to design, demolition and construction - recommendations) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved documents unless the Local Planning Authority gives its written consent to any variation.

 

9.

The scheme for the ecological enhancement of Little London Brook (report Ref 4361.001 - Version 2.0 dated February 2014) shall be implemented in full prior to the occupation of the development hereby approved.

 

10.

A flood risk assessment and management and maintenance plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The assessment shall include calculations of increased run-off and associated volume of storm detention using WinDes or other similar best practice tools. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

 

11.

No development shall take place until a Phase 1 Land Contamination investigation has been carried out. A protocol for the investigation shall be submitted to and approved in writing by the Local Planning Authority before commencement of the Phase 1 investigation. The completed Phase 1 report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any necessary Phase 2 investigation. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the Phase 2 site investigation condition that follows]

 

12.

Should the Phase 1 Land Contamination preliminary risk assessment carried out under the above condition identify the presence of potentially unacceptable risks, no development shall take place until a Phase 2 site investigation has been carried out. A protocol for the investigation shall be submitted to and approved by the Local Planning Authority before commencement of the Phase 2 investigation. The completed Phase 2 investigation report, together with any necessary outline remediation options, shall be submitted to and approved by the Local Planning Authority prior to any redevelopment or remediation works being carried out. The report shall assess potential risks to present and proposed humans, property including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments and the investigation must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11", or any subsequent version or additional regulatory guidance.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the remediation scheme condition that follows]

 

13.

Should Land Contamination Remediation Works be identified as necessary under the above condition, no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures and any necessary long term maintenance and monitoring programme. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 or any subsequent version, in relation to the intended use of the land after remediation.

 

[Note: This condition must be formally discharged by the Local Planning Authority before the submission of details pursuant to the verification report condition that follows]

 

14.

Following completion of measures identified in the approved remediation scheme and prior to the first use or occupation of the development, a verification report that demonstrates the effectiveness of the remediation carried out must be produced together with any necessary monitoring and maintenance programme and copies of any waste transfer notes relating to exported and imported soils shall be submitted to the Local Planning Authority for approval. The approved monitoring and maintenance programme shall be implemented. 

 

15.

In the event that any evidence of potential contamination is found at any time when carrying out the approved development that was not previously identified in the approved Phase 2 report, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with a methodology previously approved by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with the immediately above condition. 

 

16.

All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

 

17.

The development hereby approved shall not be commenced until full details of the proposed garage building have been submitted to and approved in writing by the Local Planning Authority. The garage building shall be constructed in accordance with the approved details.

 

18.

Prior to commencement of the house hereby approved, all the existing buildings shown to be demolished on the approved drawing number ESA_904 rev L shall be demolished and all resultant building material and debris removed from the site.

 

Supporting documents: